Stephens

The action was commenced to set aside the sale of a half share of the capital stock of defendant company which before the sale belonged to and stood in the name of plaintiff, Katie N. Stephens. It is alleged in the amended complaint that an assessment was levied upon the stock of the company; that said plaintiff failed to pay the assessment; that it was sold to one R. E. McKenna, but it is alleged that the sale was invalid and sold for certain alleged irregularities. Defendant company answered denying that the sale was irregular and claimed that it was regularly made and that said McKenna bid in the said half share; that at the time he was a director of the company and purchased the stock in his own name for the benefit of the company, agreeably to an understanding with the company at the time he made the purchase, that at any time the company should so desire the said McKenna would transfer said stock to it upon payment of all assessments paid by him, and that meanwhile he would hold the stock in trust for the company; that said McKenna died before the commencement of the action leaving a last will by which Bmma B. McKenna was appointed executrix, and is now acting as such. The…